Evolution of the Labour Market in the Airline Industry due to the Development of the Low Fares Airlines (LFAs)

Page created by Gerald Walsh
 
CONTINUE READING
Evolution of the Labour Market in the Airline Industry due to the Development of the Low Fares Airlines (LFAs)
Evolution of the Labour Market
in the Airline Industry due to the Development
        of the Low Fares Airlines (LFAs)
Evolution of the Labour Market in the Airline Industry due to the Development of the Low Fares Airlines (LFAs)
This project was commissioned by the European Transport Workers' Federation and is co-
funded by the European Commission (DG Employment, Social Affairs and Inclusion) under the
project reference no. VS/2013/0184.
Evolution of the Labour Market in the Airline Industry due to the Development of the Low Fares Airlines (LFAs)
Preface
The liberalization of the air transport in the early 1990's has brought benefits to the travelling
public in terms of democratization, cheaper air fares and diversified offer. But who pays the
price and what is the amplitude of this phenomenon? Jobs in aviation that used to be
prestigious and high-quality are disappearing and being outsourced or replaced by cheaper
work. This development can be attributed to the liberalization of the industry without social
regulation which leads to social dumping: airlines are facing fierce competition, the profit
margins are lower than in any other industry and employers are looking for ways to cut costs
in order to remain competitive. While some costs (such as fuel or aircraft ownership) are to a
certain degree fixed, airlines believe that labour costs can be pushed down in a never-ending
spiral. Some of them have also discovered "flags of convenience" as one of the vehicles to
pursue further cost cutting by using social dumping.
Due to the increased share of atypical forms of employment, such as agency work, zero-hours
contracts or even (bogus) self-employment, job precariousness in aviation has increased. This
also brings big challenges for trade unions. We therefore need to engage in meaningful
campaigns to address the concerns of the workforce, both at national and European levels.
In addition to unfair competition on the backs of the workers in the EU, we have to face
increased pressure from non-European airlines which do not respect workers' rights. We
therefore need to find global answers to these problems together with the international trade
union movement.
For these reasons, the European Transport Workers' Federation (ETF) decided to launch an
EU co-funded project looking at the evolution of the labour market in aviation in connection
with the development of low fares airlines. Besides a scientific study aimed at documenting
the incidence of the new “flexible model” of employment in European civil aviation and
explore its impact on civil aviation workers primarily in terms of work remuneration, workload,
and employee involvement and participation, the project included a two-day conference that
took place on 1 – 2 July 2014 in Catania. Around 120 delegates have gathered in order to
discuss preliminary findings of the study and discuss strategies on how to cope with the new
situation.
Three dedicated workshops examined the main challenges and came to the conclusion that
ETF needs to organize workers in low fares airlines. This is the main strategy that both the ETF
and national affiliates have to follow; representing only traditional legacy carriers is not
enough and we have to attract workers from all sides of the aviation industry. In addition, the
ETF should strengthen its role as an interface between the national unions and EU institutions,
including more training for union representatives on EU-related issues, use of modern
technologies and communication tools and scientific research. Finally, the ETF should work
together with employers that provide quality jobs, recognize trade unions and engage
themselves in collective bargaining to fight social dumping and flags of convenience in
European aviation.

                Enrique Carmona                                      François Ballestero
      ETF Civil Aviation Section President                          ETF Political Secretary
Evolution of the Labour Market in the Airline Industry due to the Development of the Low Fares Airlines (LFAs)
Contents

Summary .................................................................................................................................... 4
List of Abbreviations ................................................................................................................... 7
List of Tables ............................................................................................................................... 9
List of Figures.............................................................................................................................. 9
List of Pictures ............................................................................................................................ 9
About the ETF ........................................................................................................................... 10
I. Background .......................................................................................................................... 11
II. The Emergence and Growth of LFAs ................................................................................... 13
III. Low Cost Competition and Trade Union Strategies ............................................................ 25
IV. The Power Resources of Aviation Workers and Aviation Unions in Europe ...................... 32
V. Conclusions ......................................................................................................................... 64

Annexes

Annex I.         The Viking Case and Civil Aviation ......................................................................... 67
Annex II.        EU Member States (country codes) ....................................................................... 72
Annex III. On-Line Questionnaire .......................................................................................... 73
Annex IV. Demographic Characteristics of the Survey Respondents..................................... 74
Evolution of the Labour Market in the Airline Industry due to the Development of the Low Fares Airlines (LFAs)
Evolution of the Labour Market
in the Airline Industry due to the Development
        of the Low Fares Airlines (LFAs)

                      Final Report

                 Dr Geraint Harvey
 Birmingham Business School, University of Birmingham

                           &

                Professor Peter Turnbull
       Cardiff Business School, Cardiff University

                   22 October 2014

                            3
Evolution of the Labour Market in the Airline Industry due to the Development of the Low Fares Airlines (LFAs)
Summary
Although it has been only 2 years since the ETF’s last major study of the low cost model, there
have been significant developments in the European civil aviation sector in terms of LFA and
legacy airline business strategies, industrial restructuring in the face of competition and
austerity, and an accelerated ‘race-to-the-bottom’ as a result of new forms of ‘social
dumping’.

The ETF’s Civil Aviation Section (CAS) is concerned that ‘social dumping’ involves a
downgrading of working conditions, training, health and safety and wages: each company
cites unfair competition organised by another company to justify tougher working conditions
and impose more flexibility, wage cuts or a weakening of the welfare of its workers, such as
the use of unsafe working practices, which increase the risks of industrial accidents.

The present study, based on a survey of more than 2,700 European aviation workers as well
as case studies of both LFAs and legacy airline, demonstrates that many airlines now resort to
more precarious forms of employment through the use of agency, temporary, and (bogus)
self-employed workers. They also demand new forms of flexibility that benefit the company
rather than the worker and rarely involve employees in any meaningful way in decision that
(adversely) affect their daily working lives and future careers.

Faced with ever more intense competition from LFAs, several legacy airlines have developed
a low cost version of the main brand to fly short haul routes (e.g. Lufthansa/Germanwings,
Iberia/Iberia Express, Air France/transavia) or have grown a low cost workforce within main
line operations (e.g. British Airways Mixed Fleet). As for the LFAs, there is growing evidence
of ‘diminishing returns’ from the low cost model as the market leaders expand their route
networks in search of more passengers. LFAs are now targeting major airports and higher
value (business) passengers, which puts them in more direct competition with the legacy
airlines. All too often, the result is a further assault on the terms and conditions of legacy
airline staff, which is reflected in the (disgruntled) responses to the current ETF survey.

When LFAs such as easyJet and Vueling target major airports and business passengers, this
shifts the ‘balance’ between cost and service, placing new demands on the workforce. This
can present opportunities for aviation unions to develop new relationships with airline
management. To date, however, there is little evidence of more cooperative relationships, at
least in the eyes of the workforce.

The self-styled ‘ultra-low cost carriers’ such as Ryanair and Wizz Air, in contrast, will no doubt
continue to bear down relentlessly on labour costs and staff will find themselves working right
up to the maximum flight and duty time during the busy summer schedule with enforced lay-
offs (furlough) during the winter when aircraft are grounded. It is the ultra-low cost carriers
that rely most heavily on precarious forms of employment, and it is the ultra-low cost airlines
that have developed the most aggressive anti-union strategies.

The multi-base strategy of (ultra) low cost airlines – with labour hired in country X, working in
country Y, but with an employment contract under the laws of country Z – has the effect of
‘dis-embedding’ the worker from his or her ‘home country’ (i.e. the country of nationality

                                                4
Evolution of the Labour Market in the Airline Industry due to the Development of the Low Fares Airlines (LFAs)
and/or residence). These business and employment strategies presented a very different, and
difficult, challenge for national aviation unions in terms of organising the workforce and
securing recognition and a collective bargaining agreement with the airline. While changes
introduced under the Rome I Regulation1 will mitigate some of the problems faced by national
trade union organisers, there is still a vital role for the ETF in terms of supporting and
coordinating the national organising activities as well as international solidarity between the
aviation unions with current or potential members at the airline(s) in question.

A particular and immediate concern is the recent emergence of a new European ‘flag of
convenience’ airline, with Norwegian Air International (NAI) acquiring an Irish Air Operator’s
Certificate (AOC) in order to serve trans-Atlantic routes with ‘aircrews of convenience’ hired
via agencies in Asia, thereby reducing airfares by 50 per cent. NAI has no plans to operate out
of Ireland – its Irish AOC is simply a ‘convenient flag’, enabling NAI to escape from national
(Nordic) class compromises and exploit the EU-US open skies agreement.

NAI’s ambitions have been stalled by the decision of the US Department of Transportation
(DOT) to deny Norwegian an exemption for a foreign air carrier permit, following months of
intense pressure exerted by a broad labour coalition from both sides of the Atlantic. 2
However, the US DOT has yet to decide on a permanent foreign air carrier permit for NAI. This
campaign, like others before and no doubt many more to come, demonstrates that social
dumping, in whatever form and from whatever source, can only be countered through
coordinated national and international action. National aviation unions and international
federations such as the ETF and ITF need to develop effective strategies for different ‘targets’
(principally airlines, national governments, the supranational institutions of the EU, and other
stakeholders such as employer associations and NGOs), drawing on their structural,
associational and legal power resources.

In this Report, these power resources are considered in relation to two inter-connected
decision-making levels (national and European) and two inter-related decision-making
processes (democratic and technocratic). Four different trade union strategies are generated
by the ‘2x2’ combination of decision making levels and processes: (i) national democratic, (ii)
national technocratic, (iii) European technocratic, and (iv) European democratic. These
strategies are considered in relation to the data generated by the survey of aviation workers
and the case studies of LFA and legacy airlines. Different strategies are more or less
appropriate at different times, in different contexts, and in relation to different targets, and
in all situations depending on the power resources at the disposal of national aviation unions
and the ETF. For example, while effective ‘partnerships’ have been developed between
management and unions at several airlines, typically based on robust forms of social dialogue
at the national level that is supported by the European social dialogue for civil aviation, there
are other airlines that persist with an anti-union strategy that can only be countered by equally
determined organising campaigns by aviation unions at the national and international levels.

1 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law
applicable to contractual obligations states in Article 8 that individual employment contracts shall be governed by
the law chosen by the parties; however, such choice cannot deprive the employee of the protection afforded to him
by provisions that cannot be derogated from by agreement under the law that, in the absence of choice, would have
been applicable (i.e. law of the country in which or, failing that, from which the employee habitually carries out
his work in performance of the contract).
2
  http://www.etf-europe.org/etf-press-area.cfm/pressdetail/10845/region/2/section/0/order/1

                                                        5
Evolution of the Labour Market in the Airline Industry due to the Development of the Low Fares Airlines (LFAs)
It is only by ‘shifting scale’ and developing new repertoires of contention ‘from the ground up’
that aviation unions will be able to deploy all available strategies at their disposal. Hence, the
first priority is to: Organise! Organise! Organise! Given recent developments in the evolution
of the labour market, it is only through the ETF that aviation unions can accomplish this task
and thereby stall, and ideally reverse the current ‘race-to-the-bottom’. All the evidence
suggests that the evolution of the labour market in the airline industry is simply not
sustainable. Precarious forms of employment fail to meet workers basic needs for security of
income, work-life balance, and the right to have a say in decisions that (adversely) affect their
daily working lives.

                                                6
Evolution of the Labour Market in the Airline Industry due to the Development of the Low Fares Airlines (LFAs)
List of Abbreviations
AEA              Association of European Airlines
AESP             agency employment service provider
AOC              Air Operator’s Certificate
ASEAN            Association of Southeast Asian Nations
ASK              available seat kilometres
BA               British Airways
BAMF             British Airways Mixed Fleet
BALPA            British Air Line Pilots’ Association
BASA             bilateral air service agreement
CAA              Civil Aviation Authority (UK)
CAC              Central Arbitration Committee (UK)
CAS              Civil Aviation Section (ETF)
CEO              chief executive officer
CoC              Crew of Convenience
GUE/NGL          Confederal Group of the European United Left/Nordic Green Left
DG Employment    Directorate-General of Employment, Social Affairs & Inclusion
DG MOVE          Directorate-General for Mobility and Transport
DOT              Department of Transportation (USA)
EASA             European Aviation Safety Agency
ECA              European Cockpit Association
EC               European Commission
ECJ              European Court of Justice
EIP              employee involvement and participation
ELFAA            European Low Fares Airline Association
ENP              European Neighbourhood Policy
ERA              European Regions Airline Association
ERC              Employee Representative Committee (Ryanair)
ETF              European Transport Workers’ Federation
ETUC             European Trade Union Confederation
EU               European Union

                                           7
Evolution of the Labour Market in the Airline Industry due to the Development of the Low Fares Airlines (LFAs)
EWC      European Works Council
FoC      Flag of Convenience
FTL      European flight time limitations
HR       human resources
IACA     International Air Carrier Association
IAG      International Airlines Group
IATA     International Air Transport Association
ICAO     International Civil Aviation Organisation
ID       identification card
ICTU     Irish Congress of Trade Unions
IMPACT   Irish Municipal Public and Civil Trade Union
ITUC     International Trade Union Confederation
ILO      International Labour Organisation
ITF      International Transport Workers’ Federation
LFA      low fares airline
MEP      Member of the European Parliament
NAI      Norwegian Air International
NAFTA    North American Free Trade Agreement
NAS      Norwegian Air Shuttle
NGO      non-governmental organisation
OAG      Official Airline Guide
RPG      Ryanair Pilots Group
RPK      revenue passenger kilometre
SAS      Scandinavian Airlines (previously Scandinavian Airlines System)
SEAM     single European aviation market
TFEU     Treaty on the Functioning of the European Union
US       United States

                                  8
List of Tables
Table 1.     On-Line Questionnaire Sample
Table 2.     Sample Airlines
Table 3.     Stated Reasons for Non-membership of a Trade Union

List of Figures
Figure 1.    The Growth and Market Share of LFAs
Figure 2.    Market Share of LFAs in EU Member States
Figure 3.    Passenger Traffic – London-Barcelona
Figure 4.    European Airlines Labour Cost as a percentage of Revenues, 2011 or 2012
Figure 5.    Airline Presence in Europe’s Top 100 Market Pairs
Figure 6.    Cost per Passenger and Average Sector Length – Low Cost Carriers (LCC) and Legacy
             Airlines
Figure 7.    Ryanair’s Quarterly Operating Profit (EUR, million)
Figure 8.    On-going Liberalisation of the Skies
Figure 9.    Tax Rates Across the EU
Figure 10.   Strategic Options for Trade Unions
Figure 11.   Unemployment in the European Union (seasonally adjusted), June 2014
Figure 12.   Airline Profitability (net profit margins)
Figure 13.   Flight Crew Contractual Arrangements with Ryanair
Figure 14.   Contractual Relationships
Figure 15.   (Un)Satisfactory Contracts of Employment
Figure 16.   Satisfaction with Contracts of Employment
Figure 17.   Seasonal Variation in Days Worked per Month
Figure 18.   Optional Flexibility for the Employee
Figure 19.   Requisite Flexibility for the Airline
Figure 20.   Adequacy of Pay and Benefits
Figure 21.   Forms of Communication between Management and Employees
Figure 22.   Employee Involvement and Participation (EIP)
Figure 23.   Resistance to and Cooperation with Trade Unions
Figure 24.   Priorities from Work
Figure 25.   The Organising Cycle
Figure 26.   Reporting Safety Concerns to Management
Figure 27.   Labour Regulation in Four OECD Countries, 1970-2006
Figure 28.   Upward Scale Shift

List of Pictures
Picture 1.   ETF block in the ETUC demonstration, 14 April 2014
Picture 2.   Report of the previous ETF project on "Development of the low cost model in the
             European civil aviation industry", August 2012
Picture 3.   Dr Geraint Harvey and Professor Peter Turnbull presenting the results of the survey
             at the ETF Conference in Catania, 1 – 2 July 2014
Picture 4.   Enrique Carmona, ETF CAS President speaking with François Ballestero, ETF Political
             Secretary at the ETF Conference in Catania, 1 – 2 July 2014
Picture 5.   European Court of Justice, Luxembourg

                                              9
About the ETF
The European Transport Workers’ Federation (ETF) is a pan-European trade union
organisation that embraces transport trade unions from the European Union (EU), the
European Economic Area and Central and Eastern European countries. The ETF represents
more than 2.5 million transport workers from 231 transport unions and 41 European
countries, in the following sectors: railways, road transport and logistics, maritime transport,
inland waterways, civil aviation, ports and docks, tourism and fisheries. Ninety ETF affiliated
unions from 32 countries organise civil aviation workers.

Working within an overall framework of global solidarity, the ETF operates both as the
European region of the International Transport Workers’ Federation (ITF) and as the transport
federation of the European Trade Union Confederation (ETUC). Its principal activity is to
represent and defend the interests of transport workers throughout Europe. It formulates and
coordinates trade union transport and social policy, organises concerted industrial activities,
engages in education and training and conducts innovative research on a variety of subjects
from workers’ health and safety to employment impact studies.

The activities of the ETF’s Civil Aviation Section (CAS) focus on ensuring an inclusive and
socially oriented approach to European legislation with the aim of avoiding a downward spiral
in employment, job security, safety, social welfare and salary cuts in the aviation industry.
Through its routine work of representing workers in the different aviation professions, as well
as various campaign and research activities, the ETF has developed expertise and unrivalled
insight on the terms and conditions of aviation workers and the expression of their collective
voice. The ETF is the recognised Social Partner in the European Social Dialogue and represents
the interests of transport workers across Europe vis-à-vis the European Commission and the
Council of Ministers.

       Picture 1. ETF block in the ETUC demonstration, 14 April 2014

                                               10
I.      Background
With the support of the European Commission (EC), the ETF launched a project on the
Evolution of the Labour Market in the Airline Industry due to the Development of the Low Fares
Airlines (LFAs) in January 2014. Although only 2 years have passed since the publication of a
previous ETF study of LFAs,3 there have been significant developments in the interim period
that call for a further (re)assessment of LFAs, with particular focus on the growing problem of
‘social dumping’. The latter is a ‘strategy geared towards the lowering of wage or social
standards for the sake of enhanced competitiveness, prompted by companies and indirectly
involving their employees and/or home or host country governments’.4

The ETF’s Civil Aviation Section (CAS) has identified social dumping as ‘a practice designed to
take advantage of competition between workers from different regions or sectors’.
Geographically, social dumping is perfectly illustrated by the phenomenon of
delocalisation/offshoring. At the sectoral level, the nature of the transport sector in question
can increase (or decrease) the possibilities to hire agency or temporary workers through
various forms of subcontracting, replace direct employees with (bogus) self-employed
workers, and create more precarious employment contracts for all workers as a result of new
forms of flexibility that benefit the company rather than the worker. Such employment
practices, by design or default, prevent or certainly erode the collective representation of the
workforce. According to the CAS there is, then, in the name of ‘competitiveness’:

        a downgrading of working conditions, training, health and safety and wages: each company
        cites unfair competition organised by another company to justify tougher working conditions
        and impose more flexibility, wage cuts or a weakening of the welfare of its workers, such as
        the use of unsafe working practices, which increase the risks of industrial accidents.5

The current project was designed to ensure a comprehensive analysis of the on-going
evolution of the labour market as LFAs continue to increase their market share and legacy
airlines continue to restructure their own business in response to the competitive challenge
from their (short haul) rivals. Like the previous ETF study of the European civil aviation sector,6
the current project combines secondary, survey and case study evidence, although on this
occasion the questionnaire survey was directed to aviation workers rather than union officials
and the case studies included legacy as well as low fares airlines.

Initial results were presented at a conference in Catania (1-2 July 2014), where the Association
of European Airlines (AEA), SAS, Airport Services Association (ASA), and several aviation
unions (including the Ryanair Pilots Group) also made presentations. Three working groups
were established at the Catania conference to consider: (i) EU institutions and legislation, (ii)
working with employers, and (iii) union organising. Research findings from the project and the

3Harvey, G. and Turnbull, P. (2012) The Development of the Low Cost Model in the European Civil Aviation
Industry, Brussels: European Transport Workers’ Federation ETF, available at:
http://www.itfglobal.org/files/extranet/75/35584/Final%20Brochure%20LFAs%20220812.pdf
4 Bernaciak, M. (2012) ‘Social Dumping: Political Catchphrase or Threat to Labour Standards?’ Working

Paper 2012.06, Brussels: European Trade Union Institute.
5 CAS (2014) ‘Social Dumping in Civil Aviation’, Brussels: ETF.

6 Harvey and Turnbull (2012) op. cit.

                                                  11
conclusions of the working groups were presented at a fringe meeting – ‘Tackling the Low Fare
Airline Model’ – held at the ITF’s 43rd Congress in Sofia (13 August 2014). The fringe meeting
was attended by over 90 delegates from around the world and generated a well-informed
debate on European and worldwide developments in the civil aviation industry. This Final
Report incorporates all these data.

Systematic socio-economic analysis of different airline business strategies, alongside recent
developments in the labour market, is essential if labour organisations want to understand
the aviation world. The primary purpose of this Final Report is to enhance such understanding.
But trade unions not only want to understand the world around them, they want to change
it. This demands consideration of the organisational resources of labour at the local, national
and international levels, most notably in relation to workers’ legal rights, the structural power
they enjoy as a result of their location within the economic system (e.g. supply and demand
for labour, whether particular workers occupy key positions in the airline, the
interdependencies between different groups of workers and the activities they perform, etc.),
and workers’ associational power derived from various forms of collective organisation and
representation (e.g. trade unions, political parties, and institutional forms of representation
such as works councils or board-level employee representatives).7 Unless transport unions
can more effectively ‘leverage’ these different resources at different levels, the European
aviation industry is likely to experience an accelerated ‘race-to-the-bottom’ precipitated by
the social dumping of modern-day ‘sky pirates’.8 Employers as well as aviation unions now
acknowledge that the business strategies and associated HR/industrial relations policies of
some LFAs is driving a ‘slow descent to the lowest common denominator’.9

                                        Picture 2. Report of the previous ETF project on
                                        "Development of the low cost model in the European civil
                                        aviation industry", August 2012

7   Wright, E.O. (2000) ‘Working-Class Power, Capitalist-Class Interest, and Class Compromise’, American
Journal of Sociology, 105(4), p.962.
8 Public Hearing on ‘Pirates of the Sky: The Corners Cut by Low Cost Airlines’, European Parliament,
Brussels, 10 April 2014, organised by the Confederal Group of the European United Left/Nordic Green Left
(GUE/NGL).
9 Submission by Scandinavian Airlines (SAS) to US regulators on Norwegian Air International’s (NAI’s)

application for a US Foreign Air Carrier permit, reported in Airline Business, April 2014.

                                                    12
II.        The Emergence and Growth of LFAs
In 1992, Michael O’Leary, then Deputy CEO of Ryanair, visited Dallas to study Southwest
Airlines’ low cost model, which subsequently shaped the transformation of Ryanair from a ‘full
service’ into a ‘no frills’, ultra-low cost airline. In 1995, easyJet offered its first flights from
Luton (near London) to Scotland (Edinburgh and Glasgow) with two leased aircraft contracted
to British World Airlines to fly and maintain. From these inauspicious beginnings, LFAs grew
steadily in the newly created single European aviation market (SEAM)10 but their market share
by the turn of the millennium was still only 5 per cent of the European market.

Not surprisingly, the legacy airlines paid little attention to the emerging LFAs. In the new
millennium, however, the growth of LFAs has been exponential. In fact, since 2000 almost all
the growth in intra-EU traffic has been fuelled by LFAs, as the left-hand diagram in Figure 1
clearly illustrates.11 Collectively, legacy airlines still carry the same amount of traffic today as
they did in 2000, but their market share has declined dramatically, with LFAs capturing a much
larger market share in Europe than their counterparts in other aviation markets around the
world. This is depicted in the right-hand map in Figure 1 and is perhaps a portent for other
regions of the world, especially the Asia-Pacific region where liberalisation is very much the
order of the day.12 As Figure 2 clearly illustrates, in several EU Member States LFAs now hold
a majority share of the market.13

           Figure 1. The Growth and Market Share of LFAs

           Source: OAG FACTS, May 2013

10   Dobson, A. (2010) ‘Civil Aviation and European Integration: Creating the Seemingly Impossible SEAM.’
Journal of Common Market Studies, 48(4), pp.1127-47.
11 Between May 2004 and May 2014, LFAs grew at an average of 14 per cent per annum whereas legacy
airlines grew by only 1 per cent per annum. See OAG May FACTS 2013, available at:
http://www.oag.com/sites/default/files/May%20FACTS.pdf.
12 Current negotiations are expected to create an ASEAN single market by 2015.
13 The seat capacity of LFAs in the UK more than doubled between 2004 and 2013. LFAs did not enter the

Spanish market with any significant volumes until 2007 but now hold a majority share of both domestic
and international seat capacity. The international market share of LFAs in France is only 28 per cent and is
even lower (18 per cent) on domestic routes where Air France still dominates with 74 per cent of seat
capacity. LFAs market share in Germany (domestic and international) has declined following the
reclassification of airberlin as a legacy airline. In Italy, Alitalia is still the biggest domestic carrier but LFAs
now account for 49 per cent of all seats.

                                                        13
Figure 2. Market Share of LFAs in EU Member States

        Source: OAG FACTS, May 2013

When LFAs first entered the European market the response of national (flag) airlines was
essentially ‘studied neglect’ because the newcomers rarely competed ‘head-on’ with legacy
airlines (i.e. they offered flights to/from different airports, even when advertised as the same
destination14), which had little direct impact on passenger numbers at the legacy airlines. One
example – flights from London (UK) to Barcelona (Spain) – is illustrated in Figure 3, which
demonstrates how LFAs can ‘grow the market’ by offering a cheap(er) alternative to the
service(s) provided by (full service) legacy airlines.

14 Ryanair in particular has faced numerous legal challenges over ‘misleading’ advertising of airport
destinations. For example, the German courts ruled in 2003 that Ryanair could not use the word ‘Düsseldorf’
for an airport 70km from the city. Beauvais, which Ryanair calls ‘Paris’, is a 90-minute bus ride to the French
capital while travel from Hahn to Frankfurt is around 2 hours by bus.

                                                      14
Figure 3. Passenger Traffic – London-Barcelona

        Note: Ryanair flights from Stansted (STN) and Luton (LTN) to Girona (GRO) and Reus (REU) (Tarragona).
              easyJet flights from London Gatwick (LGW), LTN and STN to Barcelona (BCN). Iberia and British
              Airways (BA) flights from London Heathrow (LHR) to BCN.
        Source: Civil Aviation Authority, UK

As the low fares model took hold, and with LFAs increasingly competing ‘head-on’ with
national (flag) airlines and capturing a greater share of the market, several legacy airlines
introduced their own LFAs. British Airways (BA), for example, created Go, KLM introduced
Buzz, and SAS set up Snowflake. One effect of these new start-ups, however, was to take some
traffic away from the legacy airline’s own short-haul network, rather than new entrants such
as Ryanair and easyJet.15 Moreover, the success of airlines such as Go served to ‘legitimise’
the new low cost market: with the BA brand behind it, and ‘cafetière coffee’ and a free
newspaper on-board, Go appealed to many of BA’s ‘high(er) value’ customers travelling on
short business trips within Europe, as well as the more typical low cost customers (tourists
and those ‘visiting friends and relatives’), and was widely regarded as the ‘low cost airline for
the middle classes’.16 Go was eventually sold to easyJet and Buzz to Ryanair. Snowflake only
operated for 2 years, with SAS then deciding instead to offer a ‘no-fills’ (Snowflake equivalent)
service in a section of the economy class cabin on its existing short-haul routes.

The primary focus of most legacy airlines has been to defend, and extend, their long haul
services, which typically account for around 40 per cent of revenue but as much as 90 per cent

15 A common criticism of the legacy airlines’ low cost start-ups was that they offered low fares without the
low cost base and were therefore little more than a new product line.
16 Harvey, G. and Turnbull, P. (2010) ‘On the Go: Piloting High Road Employment Practices in the Low Cost

Airline Industry.’ International Journal of Human Resource Management, 21(2), pp.230-41.

                                                    15
of operating profit.17 Legacy restructuring has involved a number of ‘mergers’ (e.g. Air France-
KLM and BA-Iberia) and ‘takeovers’ (e.g. Lufthansa buying into Swiss, Brussels Airlines and
Austrian Airlines), but the most significant development has been the formation and extension
of global alliances. The Star Alliance18 is the largest of the big three global alliances, with 27
member airlines, over 1,300 destinations and 192 countries served. SkyTeam 19 has 20
members, serves almost 1,100 destinations and 177 countries, while the oneworld alliance20
has 16 members, serves almost 1,000 destinations and 152 countries.21

Alliances have allowed legacy airlines to focus on their ‘home hub(s)’ 22 and offer an
‘anywhere-to-anywhere’ service via the alliance network. But legacy airlines still need
domestic (i.e. European) feed for their ‘hub-and-spoke’ operations. As a result, some LFAs
have been welcomed into global alliances in order to add more (short haul) destinations to
the alliance network (e.g. airberlin-oneworld23) or brought into airline groups (e.g. Vueling-
IAG24).

Most recently, two particular developments have directly and most significantly impacted on
the labour market in the civil aviation industry. First, the major legacy airlines have

17 Premium (business class) passengers on long-haul flights are especially important for legacy airlines. It
is not uncommon for these passengers to account for only 10-20 per cent of traffic but up to 50 per cent of
revenue.
18 www.staralliance.com
19 www.skyteam.com
20 www.oneworld.com
21 Collectively, these three alliances account for two-thirds of global airline capacity.
22 Although Lufthansa has almost two-thirds of seat capacity at Frankfurt it is less dependent on its main

hub because of its second major hub, Munich, where it has a 64 per cent market share (through its
subsidiaries the airline also has important hubs in Zurich/Swiss, Vienna/Austrian and Brussels/Brussels
Airlines). BA is more dependent on its London-Heathrow hub (where it has a 51 per cent share of seats)
because of its withdrawal from regional airports. This contrast with Air France which has a 58 per cent
share of Paris Charles de Gaulle, 47 per cent at Paris Orly (mainly for point-to-point services) and a
significant presence at many other French airports (e.g. Bordeaux/63 per cent, Toulouse/55 per cent,
Marseille/48 per cent, and Lyon/45 per cent) where the airline is now basing crews (instead of Orly) in
order to reduce costs and increase productivity. KLM enjoys a 53 per cent share of seat capacity at Schiphol
and Iberia holds a 48 per cent share of its Madrid hub. In effect, by focusing on their ‘home hub’, legacy
airlines have ‘accommodated’ the growth of LFAs who seek to by-pass the hubs and avoid constraining
connections. See Dobruszkes, F. (2006) ‘An Analysis of European Low Cost Airlines and their Networks’,
Journal of Transport Geography, 14(4), pp.249-64.
23 airberlin added 75 more points to the oneworld network. Although a one time a member of the European

Low Fares Airline Association (ELFAA), airberlin does not define itself as a low cost carrier. According to
the company’s former Chief Executive, Joachim Hunold, ‘We call ourselves a hybrid carrier, that means we
aim to offer high quality product at favourable prices. We clearly differentiate ourselves from the no-frills
carriers and offer a product that is comparable with legacy carriers’ (quoted in Airline Business, September
2010).
24 Vueling’s merger with ClickAir, in which Iberia held a stake, initially brought the airline into IAG (created

in January 2011 by the merger of BA and Iberia), with full acquisition of Vueling by IAG in April 2013.
Vueling is the market leader at Barcelona, with a 30 per cent share of passengers in 2012 (up from 23 per
cent in 2011). Transfer passengers at Vueling’s Barcelona hub accounted for 11 per cent of the total in
2012.Q4 (1.6 million passengers), up from 7 per cent in 2011.Q4. International passengers accounted for
half of Vueling’s total for the first time in 2012, a year when the airline’s international traffic grew by 28 per
cent compared to 13 per cent growth of domestic passengers. Vueling’s transfer passenger strategy is
clearly a departure from the ‘pure’ or ‘ultra’ low cost model epitomized by the business strategy of Ryanair
and Wizz Air. See: http://centreforaviation.com/analysis/vueling-a-spanish-success-story-coveted-by-iag-
99229.

                                                       16
determined to grow a ‘low cost version’ of their main brand for short-haul routes, intended
not so much to mimic the LFAs as to reduce labour costs within the airline’s network. 25
Germanwings, for example, is Lufthansa’s ‘solution’ for its non-hub services (i.e. all flights
except those to/from Frankfurt and Munich) with cabin crew paid 40 per cent less at
Germanwings than mainline Lufthansa crew and with much slower progression up the pay
scale.26

An alternative approach, pioneered by BA, involves creating a new workforce inside the main
airline with staff hired on inferior terms and conditions of employment. BA has pioneered this
approach by creating a third (Mixed) Fleet to grow within the airline alongside its Euro and
Worldwide Fleets. However, unlike the ‘spatial fix’ developed by Lufthansa (physically
separating Germanwings from the ‘home hubs’), the British Airways Mixed Fleet (BAMF) is
based at London-Heathrow and BAMF staff are rostered not only for short haul (European)
routes but also long haul (inter-continental) routes. We should not be surprised, therefore, if
staff employed at these ‘low cost versions’ of the legacy brand report inferior terms and
conditions of employment and lower levels of satisfaction with their current contracts and
future prospects.27

The second major development to impact the labour market arises from the ‘diminishing
returns’ of the low cost model, both financially and geographically. This has significant
implications for labour in terms of both the rewards from work (e.g. pay and benefits) and the
location of work. Consider first the financial scope to continually squeeze costs from the
airline’s operations – at some point the balance between service delivery (quality) and cost
efficiency will be compromised, whether something as simple as mishandled bags or as
serious as a breach of safety procedures.28 To be sure, deals can be struck with (secondary)
airports to reduce (subsidise) landing charges, aircraft ordered when recession hits the
industry might attract a discount, newer aircraft are more cost efficient,29 and airlines might
occasionally ‘beat the market’ with a fuel hedge contract30 – but most operating costs are
(quasi-) fixed, at least in the short term, which is one reason why the ‘cost axe’ frequently falls

25 In a study comparing the world’s top twenty-five legacy airlines and the leading six LFAs (including
Ryanair, easyJet and airberlin), KPMG found that the cost gap between legacy and LFAs had narrowed from
US3.6¢ to US2.5¢ per available seat kilometre (ASK) between 2008 and 2011, but most savings were
achieved in 2008-09 and were classified as ‘other expenses’ (i.e. excluding fuel and labour costs). See KPMG
(2013) Airline Disclosure Handbook: Financial Reporting and Management Trends in the Global Aviation
Industry. Global Aviation Group.
26 Lufthansa transferred over fifty aircraft to Germanwings under a 2-year transition scheme (2013-15)

that is expected to save the company €900m. Other examples of this strategy include Air France-KLM/
Transavia and Iberia/Iberia Express. Air France has also created Hop! by combining the regional services
of three airlines (Brit Air, Régional and Airlinair).
27 When BAMF crew were recently balloted on possible industrial action, it was reported in the press ( The

Guardian, 22 June 2014) that staff were reliant on working tax credit (state benefits) to supplement their
income (in effect, therefore, the government was subsidising BA’s operations).
28 Recent media and other coverage of Ryanair highlights these concerns (e.g. Channel 4 Dispatches,

Ryanair: Secrets from the Cockpit, 12 August 2013, which looked at safety, and the Which? magazine survey
of the UK’s 100 biggest companies, published in September 2013, that rated Ryanair as the worst brand for
customer service, http://www.which.co.uk/news/2013/09/which-reveals-best-and-worst-brands-for-
customer-satisfaction-334204/).
29 The average age of aircraft operated by easyJet and Ryanair is only 4 years compared to 9-11 years at

most legacy airlines. Newer aircraft have lower fuel and maintenance costs.
30 Morrell, P. and Swann, W. (2006) ‘Airline Jet Fuel Hedging: Theory and Practice’, Transport Reviews,

26(6), pp.713-30.

                                                    17
on the head of labour, typically the airline’s biggest controllable cost, especially during times
of economic crisis.31 Figure 4 illustrates the percentage of airline revenues accounted for by
labour costs demonstrating the ‘cost gap’ between LFAs and legacy airlines.

        Figure 4. European Airlines Labour Cost as a percentage of Revenues, 2011 or 2012

        Note: 12 month period varies as follows: Lufthansa, Air France-KLM, IAG, easyJet and airberlin to
              Sept-2012; Ryanair and Flybe to Mar-2012; Turkish Airlines, Norwegian, Vueling and TAP
              Portugal to Dec-2011; SAS to Oct-2012; Aer Lingus and Finnair to Dec-2012. Labour costs
              include wages, state-mandated social contributions and pension contributions.
        Source: www.centreforaviation.com

Consequently, if the options for continuous cost reduction diminish, the only financial
alterative is to grow revenue. This can be achieved by ‘adding value’ (e.g. offering ancillary
products and services such as travel insurance, car hire, hotel accommodation, surface
transport, on-board and on-line gambling, and in-flight sales 32 ) and/or targeting different
passenger groups, especially those with more disposable income. By ‘unbundling’ the
different components of air travel, LFAs not only turn the flight experience into a ‘commodity’
for the passenger, with payment for all the different elements of the flight (e.g. seat choice,
checked-in baggage, in-flight food and drinks, etc.), they also change the nature and

31 Turnbull, P. and Harvey, G. (2001) ‘The Impact of 11 September on the Civil Aviation Industry: Social and
Labour Effects’, ILO Sectoral Working Paper No. 182, Geneva: ILO; and Harvey, G. and Turnbull, P. (2009)
The Impact of the Financial Crisis on Labour in the Civil Aviation Industry , Geneva: ILO, available at:
http://www.ilo.org/public/english/dialogue/sector/themes/crisis/aviation.pdf.
32 Ryanair earns around 20 per cent of its revenue from ancillary product and services, including excess

baggage charges, which is higher than other LFAs (e.g. 11 per cent at NAS in 2013). Ryanair’s dependency
on such revenues is demonstrated by the fact that based on ticket revenue alone, Ryanair needed to sell 98
per cent of seats available to breakeven in 2008 whereas it actually sold 81 per cent. The company therefore
returned a healthy profit on the back of ancillary revenues. See Airline Business, February 2010.

                                                     18
expectations of work for staff (e.g. a significant component of pay for cabin crew is often based
on in-flight sales, which shifts the emphasis from safety and service to sales and marketing).33

Some LFAs, most notably easyJet, already target business passengers, which is a key
component of the airline’s strategy to be ‘Europe’s preferred short-haul airline’.34 easyJet’s
focus on yield rather than market share is a viable strategy for an airline that already has a
presence in more of the top 100 European city pairs (49) than any other airline, as
demonstrated in Figure 5. The contrast between easyJet and Ryanair is particularly instructive
in this respect as the Irish airline has a much lower presence (38) in the top 100 European city
pairs and serves far fewer primary airports (24). These data indicate how, and why, the
geography of competition is changing.

        Figure 5. Airline Presence in Europe’s Top 100 Market Pairs

        Source: easyJet

LFAs typically start their business at secondary airports located further from the main urban
areas in order to avoid direct competition with established (legacy) airlines. They increase
their catchment by offering flights at lower fares to generate new demand, as well as by
attracting passengers from other transport modes and from full service (legacy) airlines. This
enables LFAs to provide scheduled services on many more low-density routes than one would
ever expect from a legacy airline.35 As they grow in search of more traffic, they invariably
target larger (primary) airports where service, and not simply cost, shifts the balance for both
passengers and staff. Put differently, we should not be surprised if terms and conditions of
employment, human resource management policies and industrial relations differ markedly
across LFAs as a consequence of their business strategy, route network and the like.

33 The previous ETF study of LFAs found that most use some form of variable pay for cabin crew, which
often comprises more than half the employee’s monthly pay. See Harvey and Turnbull (2012) op. cit.
34 easyJet’s stated business strategy makes no mention of cost. In 2011, 18 per cent of the airline’s

passengers travelled on business, a proportion the airline intends to increase to around 25 per cent by 2015.
35 de Wit, J.G. and Zuidberg, J. (2012) ‘The Growth Limits of the Low Cost Carrier Model’, Journal of Air

Transport Managment, 21(C), pp.17-23.

                                                     19
Until recently, only Ryanair persisted with a secondary airport strategy, illustrated by the fact
that the airline had a market share (measured by offered seats) of over 75 per cent at nearly
half its bases whereas easyJet does not have such market share at a single base. Moreover,
around three-quarters of Ryanair’s routes had a frequency of less than 7 per week in 2010,
with most ranging from just 2-4 frequencies per week.36 As 80 per cent of Ryanair’s routes are
not directly contested by any other carrier it is clear that the density on these routes is
insufficient to allow the airline to operate higher weekly frequencies. In fact, LFAs in general,
and Ryanair in particular, need to look further and further afield to find more passengers and
grow revenues, perhaps best illustrated by an exponential growth in the number of routes
served by Ryanair37 and a substantial increase in the airline’s average route distance.38 Thus,
while Ryanair has lower costs per passenger than other LFAs, and of course much lower costs
than legacy airlines, its cost base is stretched by longer average sector lengths when compared
to other LFAs, as illustrated in Figure 6.

        Figure 6. Cost per Passenger and Average Sector Length – Low Cost Carriers (LCC)
                  and Legacy Airlines

        Source: www.centreforaviation.com

All told, these developments explain why the business strategies of LFAs are evolving (e.g.
facilitating transfers, entering alliances, acquiring other airlines) and why the experience of
work will differ from one airline to the next. For example, LFAs such as easyJet with a denser
route network and access to more and higher value passengers at primary airports (Figure 5)
will have different expectations of staff and a more stable roster during the year (i.e. less

36 This compares to 40 per cent of easyJet’s services operated daily. Ibid, pp.18-19.
37 In June 2014, Ryanair offered 1,600 routes compared to: easyJet = 686, Norwegian = 405, Wizz Air =
291, Jet2.com = 238, Vueling = 188, Flybe = 186 and transavia.com = 158. Go to: www.elfaa.com
38 Between 2001 and 2010, Ryanair’s average route distance increased by 75 per cent compared to 40 per

cent at easyJet. On the basis of these data, de Wit and Zuidberg conclude that Ryanair is only capable of
starting thin routes, which in turn is an indication of a saturating market and future, or already existing,
route density problems. Ibid, pp.19-20 & 22.

                                                    20
variation between summer and winter schedules).39 In contrast, the self-styled ‘ultra low cost
carriers’ (Ryanair and Wizz Air40) will no doubt continue to bear down relentlessly on labour
costs and staff will find themselves working right up to the maximum flight and duty time
during the busy summer schedule with enforced lay-offs (furlough) during the winter when
aircraft are grounded. Ryanair, for example, now ‘flex’ the fleet between winter and summer
schedules more than any other airline, principally because the carrier no longer makes a profit
during the winter and relies on summer profits to offset winter losses, as illustrated in Figure
7.41

         Figure 7. Ryanair’s Quarterly Operating Profit (EUR, million)

         Source: Ryanair

Consequentially, consider the implication for aviation staff employed by the legacy airlines as
LFAs increasingly compete ‘head on’ at the primary airports. easyJet already poses a direct
competitive challenge to many legacy airlines as the company has invested heavily in frequent
services to/from primary airports (Figure 5) whilst maintaining a low cost operating base
(Figure 6). In some EU Member States, easyJet is now the ‘benchmark’ used by management
calling for a reduction in legacy labour costs, but in other Member States it is an ‘employer of

39 Based on OAG data for 2011, a comparison between the lowest monthly flight capacity expressed as a
percentage of the highest monthly flight capacity illustrates significant differences within the low fares
group of airlines (e.g. easyJet = 74.6 per cent, Ryanair = 66.6 per cent and Vueling = 51.5 per cent) and
between LFAs and legacy airlines (e.g. BA = 91.5 per cent and Lufthansa = 89.9 per cent).
40 Wizz Air claims to have similar costs to Ryanair but this claim is impossible to independently verify as

Wizz Air is a private company and does not publish data on ASK, RPK, etc. According to Józef Váradi, the
CEO of Wizz Air, LFAs fall into two main categories: (i) the ‘ultra low cost carriers’, and (ii) the ‘lazy low cost
carriers’ (see Airline Business, January 2013). Ryanair, of course, claims to be Europe’s only ‘ultra-low cost
carrier’. See, for example, https://www.ryanair.com/doc/investor/present/quarter4_2013.pdf
41 Ryanair now ground around 60-80 aircraft during the winter months.

                                                        21
choice’ for many aspiring cabin crew, including many staff who work for BAMF. 42 Direct
competition from Ryanair is rather more ominous. Even rival LFAs are tempted to ‘wave the
white flag’ and surrender routes when Ryanair enters direct competition43 and the Irish carrier
recently announcement that it would consider routes to all but three of Europe’s major
airports.44 When legacy airlines with a much higher (legacy) cost base (Figure 6) face social
dumping by an ultra-low cost carrier 45 the pressure on revenue and staff costs can be
unbearable.

The turbulence created by low cost competition for legacy airline staff is not confined to the
‘low cost version’ of the main brand (e.g. staff employed by BAMF, Iberia Express,
Germanwings and Transavia). A combination of more fuel-efficient aircraft and open skies
agreements with neighbouring countries (under the European Neighbourhood Policy) has
enabled LFAs to further extend the geographic reach of their route network to many of the
attractive ‘long haul’ destinations traditionally served by legacy airlines. 46 easyJet, for
example, already offers flights to Egypt, Iceland, Israel, Jordon, Morocco and Turkey, and
recently added Moscow to its destinations. From a multi-base network, LFAs can retain the
cost advantages of their original business model on these routes. Beyond this time/distance,
however, it seems that more innovative forms of cost cutting are required, opening further
cracks in the SEAM.

No low cost airline has ever survived a full economic cycle on a long haul (inter-continental)
route. However, new market opportunities are being created through the negotiation of open
skies agreements with non-EU countries,47 as depicted in Figure 8, most notably the United

42 During both focus groups and one-to-one interviews with BAMF staff and union activists, the idea of
‘gaining experience’ with British Airways and then ‘getting a better job’ with easyJet was suggested as an
attractive career move on several occasions.
43 Interview notes with rival LFA CEO. Ryanair now accounts for well over a third of all LFA seat capacity in

Europe.
44 At the three (congested) airports in question – Frankfurt, London Heathrow and Paris Charles de Gaulle

– Ryanair claims that it would not be able to achieve a 25-minute aircraft turnaround. Quick turnaround is
vital for LFAs because aircraft represent the LFA’s most costly asset and minimizing time on the ground and
maximizing time in the air is critical to maintaining low costs. In the summer 2014, Ryanair added 138 new
routes but axed 22 routes and dropped ten airports completely from its schedule, with reduced departures
from secondary airports and higher frequencies at the primary airports it serves (e.g. Athens, Barcelona,
Brussels, Lisbon, and Rome Fiumicino).
45 In the words of Michael O’Leary (Ryanair’s CEO), the Irish ultra-low cost carrier now ‘cover[s] all of

Europe, a bit like a social disease’ (New Economic Leaders Forum, Dublin Convention Centre, 19 April 2013,
view at: https://www.youtube.com/watch?v=mKDyeN2CYsE).
46 The European Neighbourhood Policy (ENP) was established in 2004 and includes sixteen of the EU’s

closest neighbours: Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya,
Moldova, Morocco, Occupied Palestinian Territory, Syria, Tunisia and Ukraine. The ENP was largely a
response to a ruling by the European Court of Justice in 2002 that declared BASAs between EU Member
States and third countries to be contrary to Article 43 EC (now Article 49 of the Treaty on the Functioning
of the European Union) where they deny market access to carriers owned and controlled by nationals of
another Member State. This in practice marked the start of an EU external aviation policy.
47 The Commission’s 2005 Communication on Developing the Agenda for the Community’s External

Aviation Policy (COM[2005]79) proposed moving increasingly from bilateral agreements with third
countries towards agreements between the EU and those countries. Since 2005, nearly 120 countries
around the world have recognised the principle of EU designation. The EU-Morocco open skies agreement
(2005) was the agreement signed by the EU with a non-EU country, introducing 5th freedom rights for both
sides (19 European airlines, including easyJet and Ryanair, commenced flights to Morocco as a result of the

                                                     22
States (US). 48 With the commission of a European sovereign state (an Air Operator’s
Certificate issued by a Member State), European LFAs are now able to adopt and adapt the
maritime practice of Flags of Convenience (FoC) and Crews of Convenience (CoC) as a way of
redefining employment relationships, exerting control over labour, and extracting surplus
value. The clearest example of this strategy – the creation of Norwegian Air International
(NAI), a subsidiary of Norwegian Air Shuttle (NAS) – is now a cause célèbre on both sides of
the Atlantic.

        Figure 8. On-going Liberalisation of the Skies

NAS is one of Europe’s largest LFAs49 flying around 18 million passengers per annum and now
operating from eleven bases across Scandinavia and the rest of Europe, as well as Bangkok.50
The latter is used as a base for flights between Asia and Europe and then onwards to the USA,
with aircrew hired via agencies in Singapore and Thailand. To completely break all ties
between labour, location and license, the airline’s new subsidiary (NAI) has acquired an Irish
Air Operator’s Certificate (AOC), even though the company has no plans to operate out of

agreement and around 80 per cent of Morocco’s international traffic is now on routes covered by the open
skies agreement with the EU).
48 The EU-US Air Transport Agreement (2007/339/EC) was provisionally applied from 30 March 2008 for

all EU Member States. Under the Agreement, for the first time, European airlines could fly without
restrictions from any point in the EU to any point in the US. The ultimate objective of the EU-US Air
Transport Agreement (2007/339/EC) is to create a transatlantic Open Aviation Area: a single air transport
market between the EU and the US with free flows of investment and no restrictions on air services,
including access to the domestic markets of both parties.
49 NAS commenced operations in 1993 and was re-launched as a low cost carrier in 2002.
50 Around 50 per cent of the airline’s flights are now between ‘foreign’ countries (i.e. they neither start nor

end in Norway). When it was suggested to Bjørn Kjos, NAS CEO, that in Norway the airline is no longer seen
as a Norwegian company, his terse response was simply: ‘We don’t give a shit about that’ (The Guardian, 14
February 2014).

                                                      23
You can also read